Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Board of Senior Secondary Studies
Act 1997
A1997-87
Republication No 14
Effective: 6 December 2025
Republication date: 6 December 2025
Last amendment made by A2025-29
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Board of Senior Secondary Studies Act 1997 (including any
amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on
6 December 2025. It also includes any commencement, amendment, repeal or expiry affecting
this republished law to 6 December 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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contents 1
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Australian Capital Territory
Board of Senior Secondary Studies
Act 1997
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Dictionary 2
3 Notes 2
Part 2 Key concepts
3A What is senior secondary education? 3
3B What is a recognised educational institution? 3
3C What is a national agreement? 4
Part 3 Board of Senior Secondary Studies
4 Establishment of board 5
5 Functions of board 5
Contents
Page
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5A Additional functions about accreditation of courses 6
5B Additional functions about assessment of students 6
5C Additional functions about certificates of attainment 7
5D Additional functions about performance and policies 8
6 Other functions of board 8
7 Ministerial directions 9
8 Membership of board 9
10 Term of appointment of board members 11
11 Disclosure of interests by board members 11
12 Ending board member appointments 13
13 Time and place of board meetings 13
14 Presiding member at board meetings 13
15 Quorum at board meetings 14
16 Voting at meetings 14
16A Proxy voting 14
17 Conduct of meetings etc 14
18 Delegation by board 15
19 Consultants 15
19A Arrangements for staff 15
20 Protection of board members from liability 15
Part 4 Accredited and registered courses
Division 4.1 Accreditation of courses
21 Board may initiate accreditation of course 16
22 Application for accreditation of course 16
23 Review of conditional accreditation or refusal 16
24 Considerations relating to accreditation of courses 17
Division 4.2 Registration of courses
25 Application for registration of course 18
Division 4.3 Certificates of attainment
26 Issue of certificates of attainment 18
26A Application for review if board refuses to issue certificate 19
27 Review of refusal to issue certificate 19
Contents
Page
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Division 4.4 Specialist education providers
27A Approved specialist education providers 20
27B Criteria for approval 20
27C Suspension of approval 20
27D Cancellation of approval 21
Part 4A Notification and review of decisions
27E Meaning of reviewable decision—pt 4A 22
27F Reviewable decision notices 22
27G Applications for review 22
Part 5 Miscellaneous
28 Information about academic performance 23
29 Register of courses 23
30 Approved forms 23
Schedule 1 Reviewable decisions 24
Dictionary 25
Endnotes
1 About the endnotes 27
2 Abbreviation key 27
3 Legislation history 28
4 Amendment history 31
5 Earlier republications 36
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Australian Capital Territory
Board of Senior Secondary Studies
Act 1997
An Act to establish a board of senior secondary studies
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of Act
This Act is the Board of Senior Secondary Studies Act 1997.
2 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act, and includes references (signpost definitions) to other terms defined
elsewhere in this Act.
For example, the signpost definition ‘senior secondary education—see
section 3A.’ means that the term ‘senior secondary education’ is defined
in that section.
Note 2 A definition in the dictionary (including a signpost definition) applies to
the entire Act unless the definition, or another provision of the Act,
provides otherwise or the contrary intention otherwise appears (see
Legislation Act, s 155 and s 156 (1)).
3 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Key concepts Part 2
Section 3A
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Part 2 Key concepts
3A What is senior secondary education?
Education is senior secondary education if it is normally provided to
students in the final 2 years of full-time secondary schooling.
3B What is a recognised educational institution?
(1) An educational institution is a recognised educational institution if
it—
(a) provides, or offers to provide, courses suitable for senior
secondary education; and
(b) is either—
(i) established or registered under a Commonwealth or State
law; or
(ii) a school declared under subsection (2).
Note State includes the Northern Territory (see Legislation Act, dict,
pt 1).
(2) The Minister may declare a school to be a recognised educational
institution if the school—
(a) is established and operates in another country; and
(b) does not operate in Australia; and
(c) has entered into an agreement with the board in relation to 1 or
more of the following:
(i) the accreditation by the board of courses taught by the
school;
(ii) the assessment by the board of the school’s students;
(iii) the issue by the board of certificates of attainment to the
school’s students;
Part 2 Key concepts
Section 3C
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(iv) the exercise of other functions of the board in relation to
the provision of senior secondary education by the school.
(3) A declaration is a notifiable instrument.
3C What is a national agreement?
(1) This section applies to an agreement if it—
(a) is entered into by the Territory, the Commonwealth, a State or
the Northern Territory; and
(b) deals with the provision of vocational education.
(2) The Minister may declare the agreement is a national agreement.
(3) A declaration under subsection (2) is a notifiable instrument.
Board of Senior Secondary Studies Part 3
Section 4
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Part 3 Board of Senior Secondary
Studies
4 Establishment of board
(1) The Board of Senior Secondary Studies is established.
Note The Legislation Act, dict, pt 1, defines establish as including continue in
existence.
(2) The board—
(a) is a corporation; and
(b) may sue and be sued in its corporate name; and
(c) may have a seal.
(3) The board represents the Territory when exercising its functions,
unless this Act or another territory law otherwise provides.
5 Functions of board
The main functions of the board are as follows:
(a) to accredit or register courses taught by recognised educational
institutions;
(b) to approve, consistent with national agreements, recognised
educational institutions for teaching vocational education
courses;
(c) to establish guidelines for the development of courses by the
board or by a recognised educational institution;
(d) to establish principles and procedures for the assessment of
attainments of students and the moderation of the assessments;
(e) to provide to people who have undertaken courses, or units of
courses, certificates and transcripts of their attainments;
Part 3 Board of Senior Secondary Studies
Section 5A
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(f) to provide information on—
(i) the performance of students and former students; and
(ii) the policies and procedures of the board;
(g) to review its own operations and the operation of this Act;
(h) to advise the Minister on any matter mentioned in this section
(including something mentioned in section 5A to section 5D).
Note A provision of a law that gives an entity a function also gives the entity
powers necessary and convenient to exercise the function (see Legislation
Act, s 196 and dict, pt 1, def entity).
5A Additional functions about accreditation of courses
For section 5 (a), the board has the following additional functions:
(a) to establish guidelines (accreditation guidelines) for the
accreditation of courses, including vocational education
courses;
(b) to ensure national agreements about the accreditation of
vocational education and training courses are applied, if
appropriate;
(c) to identify the minimum resources necessary for the satisfactory
provision of the courses that the board decides.
5B Additional functions about assessment of students
For section 5 (d), the board has the following additional functions:
(a) to prepare guidelines and requirements for the assessment of
student attainments;
(b) to make arrangements for the administration by recognised
educational institutions of the test known as the Australian
Scaling Test, or any other test instead of the Australian Scaling
Test that is approved by the board;
Board of Senior Secondary Studies Part 3
Section 5C
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(c) to develop and implement procedures for the moderation of
student assessments;
(d) to develop procedures for—
(i) recognised educational institutions to review the
assessments of their students; and
(ii) the board to review the procedures used by recognised
educational institutions to assess their students or review
their student assessments; and
(iii) recognised educational institutions, or the board, to review
disciplinary action taken by recognised educational
institutions in relation to their student assessments.
5C Additional functions about certificates of attainment
For section 5 (e), the board has the following additional functions:
(a) to prepare guidelines for the issue of certificates of attainment;
(b) to make the arrangements that the board considers appropriate
to ensure to the greatest extent possible that certificates issued
by the board are recognised by employers and providers of
further training or higher education;
(c) to consult institutions that provide tertiary education or
vocational education or training for the purpose of reviewing
from time to time the effect of their requirements and procedures
for the admission of students and to provide appropriate
guidance to the institutions;
(d) to issue, consistent with national agreements, certificates or
other evidence of the achievements of vocational education or
training qualifications.
Part 3 Board of Senior Secondary Studies
Section 5D
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5D Additional functions about performance and policies
For section 5 (f), the board has the following additional functions:
(a) to collect and record information about the performances of
students;
(b) to provide, to institutions that provide tertiary education or
vocational education or training, information on applicants for
admission to the institutions;
(c) to publicise the guidelines, requirements, procedures and
standards for assessments, certification and accreditation used
by the board;
(d) to make available, as decided by the board, statistical
information about—
(i) senior secondary education in the ACT; and
(ii) the functions of the board;
(e) if appropriate, to recognise secondary educational attainments
obtained outside the ACT and provide statements of equivalence
if asked.
6 Other functions of board
(1) The board may—
(a) appoint the committees and advisory panels that it considers
appropriate; and
(b) issue certificates of attainment to people who have undertaken
courses or units of courses.
Note A provision of a law that gives an entity a function also gives the entity
powers necessary and convenient to exercise the function (see Legislation
Act, s 196 and dict, pt 1, def entity).
Board of Senior Secondary Studies Part 3
Section 7
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(2) For section 6 (1) (a), if the board appoints a public servant, the public
servant must be appointed in accordance with any conditions
determined by the head of service.
(3) A determination is a notifiable instrument.
7 Ministerial directions
(1) The Minister may give a direction to the board about the exercise of
its functions.
(2) The Minister may not give a direction that relates to a particular
student or a particular assessment.
(3) The board must give effect to a direction under this section.
(4) A direction is a disallowable instrument.
8 Membership of board
(1) The board must consist of the following members:
(a) a chair;
(b) 1 person appointed after consultation with the Canberra Institute
of Technology;
(c) 1 person appointed after consultation with vocational education
and training organisations;
(d) 1 person appointed after consultation with the Australian
National University;
(e) 1 person appointed after consultation with the University of
Canberra;
(f) 1 person appointed after consultation with the Australian
Catholic University;
(g) 1 person appointed after consultation with the body known as
the Association of Independent Schools;
Part 3 Board of Senior Secondary Studies
Section 8
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(h) 1 person appointed after consultation with the ACT branch of
the Australian Education Union;
(i) 1 person appointed after consultation with the body known as
the Catholic Education Commission;
(j) 1 person appointed after consultation with the body known as
the ACT Principals’ Association Inc.;
(k) 1 person appointed after consultation with the body known as
the ACT Council of Parents and Citizens Associations;
(l) 1 person appointed after consultation with the Association of
Parents and Friends of the ACT Schools Inc.;
(m) 1 person appointed after consultation with business and industry
representative organisations in the ACT;
(n) 1 person appointed after consultation with the ACT Trades and
Labour Council;
(o) the director-general.
(2) The Minister must appoint the board members (other than the
director-general).
Note 1 For the making of appointments (including acting appointments), see the
Legislation Act, pt 19.3.
Note 2 In particular, an appointment may be made by naming a person or
nominating the occupant of a position (see s 207).
Note 3 Certain Ministerial appointments require consultation with a Legislative
Assembly committee and are disallowable (see Legislation Act,
div 19.3.3).
(3) The Minister may appoint a person to be a board member only if
satisfied that the person has qualifications and expertise relevant to
the functions of the board.
Board of Senior Secondary Studies Part 3
Section 10
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10 Term of appointment of board members
An appointment of a board member must be for a term of not longer
than 3 years.
Note A person may be reappointed to a position if the person is eligible to be
appointed to the position (see Legislation Act, s 208 and dict, pt 1,
def appoint).
11 Disclosure of interests by board members
(1) A board member who has a material interest in an issue being
considered, or about to be considered, by the board must, as soon as
practicable after the relevant facts have come to the member’s
knowledge, disclose the nature of the interest at a board meeting.
(2) The disclosure must be recorded in the board’s minutes and, unless
the board otherwise decides, the board member must not—
(a) be present when the board considers the issue; or
(b) take part in a decision of the board on the issue.
Example
Albert, Boris and Chloe are members of the board. They have an interest in an
issue being considered at a board meeting and they disclose the interest as soon as
they become aware of it. Albert’s and Boris’ interests are minor but Chloe has a
direct financial interest in the issue.
The board considers the disclosures and decides that because of the nature of the
interests:
• Albert may be present when the board considers the issue but not take part in
the decision
• Boris may be present for the consideration and take part in the decision.
The board does not make a decision allowing Chloe to be present or take part in the
board’s decision. Accordingly, Chloe cannot be present for the consideration of the
issue or take part in the decision.
(3) Any other board member who also has a material interest in the issue
must not be present when the board is considering its decision under
subsection (2).
Part 3 Board of Senior Secondary Studies
Section 11
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(4) In this section:
associate, of a person, means—
(a) the person’s business partner; or
(b) a close friend of the person; or
(c) a family member of the person.
executive officer, of a corporation, means a person, however called
and whether or not the person is a director of the corporation, who is
concerned with, or takes part in, the corporation’s management.
indirect interest—without limiting the kinds of indirect interests a
person may have, a person has an indirect interest in an issue if any
of the following has an interest in the issue:
(a) an associate of the person;
(b) a corporation with not more than 100 members of which the
person, or an associate of the person, is a member;
(c) a subsidiary of a corporation mentioned in paragraph (b);
(d) a corporation of which the person, or an associate of the person,
is an executive officer;
(e) the trustee of a trust of which the person, or an associate of the
person, is a beneficiary;
(f) a member of a firm or partnership of which the person, or an
associate of the person, is a member;
(g) someone else carrying on a business if the person, or an
associate of the person, has a direct or indirect right to
participate in the profits of the business.
material interest—a board member has a material interest in an issue
if the member has—
(a) a direct or indirect financial interest in the issue; or
Board of Senior Secondary Studies Part 3
Section 12
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(b) a direct or indirect interest of any other kind if the interest could
conflict with the proper exercise of the member’s functions in
relation to the board’s consideration of the issue.
12 Ending board member appointments
(1) This section applies to a board member other than the
director-general.
(2) The Minister must end the board member’s appointment—
(a) if the member is convicted, in the ACT, of an offence punishable
by imprisonment for at least 1 year; or
(b) if the member is convicted outside the ACT, in Australia or
elsewhere, of an offence that, if it had been committed in the
ACT, would be punishable by imprisonment for at least 1 year;
or
(c) if the member contravenes section 11 (Disclosure of interests by
board members); or
(d) if the member is absent, other than on leave approved by the
chair, from 3 consecutive meetings of the board.
Note A person’s appointment also ends if the person resigns (see Legislation
Act, s 210).
13 Time and place of board meetings
Meetings of the board are to be held at the times and places the chair
decides.
14 Presiding member at board meetings
(1) The chair presides at all board meetings at which the chair is present.
(2) However, if the chair is absent, the board member chosen by the board
members present presides.
Part 3 Board of Senior Secondary Studies
Section 15
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15 Quorum at board meetings
Business may be carried on at a board meeting only if at least 8 board
members (other than the director-general) are present.
16 Voting at meetings
(1) At a board meeting, each board member has a vote on each question
to be decided.
(2) A question is to be decided by a majority of the votes of the board
members present and voting but, if the votes are equal, the member
presiding has a deciding vote.
16A Proxy voting
(1) A board member may appoint a person as a proxy for a vote at a board
meeting.
(2) The appointment must be in a form approved by the board.
17 Conduct of meetings etc
(1) The board may conduct its proceedings (including its meetings) as it
considers appropriate.
(2) A meeting may be held using a method of communication, or a
combination of methods of communication, that allows a board
member taking part to hear what each other member taking part says
without the members being in each other’s presence.
Examples
a phone link, a satellite link, an internet or intranet link
(3) A board member who takes part in a meeting conducted under
subsection (2) is taken, for all purposes, to be present at the meeting.
(4) The board must keep minutes of its meetings.
Board of Senior Secondary Studies Part 3
Section 18
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18 Delegation by board
The board may delegate the board’s functions under this Act or
another territory law to a board member or a consultant engaged
under section 19 or a public servant mentioned in section 19A.
Note For the making of delegations and the exercise of delegated functions,
see the Legislation Act, pt 19.4.
19 Consultants
(1) The board may, for the Territory, engage consultants to, or to perform
services for, the board.
(2) Consultants are to be engaged on written terms decided by the board
that are approved by the Minister.
(3) However, this section does not give the board a power to enter into a
contract of employment.
19A Arrangements for staff
The board may arrange with the head of service to use the services of
a public servant.
Note The head of service may delegate powers in relation to the management
of public servants to a public servant or another person (see Public Sector
Management Act 1994, s 18).
20 Protection of board members from liability
(1) A board member does not incur civil liability for an act or omission
done honestly and without recklessness for this Act.
(2) Any civil liability that would, apart from this section, attach to a
person, attaches instead to the Territory.
Part 4 Accredited and registered courses
Division 4.1 Accreditation of courses
Section 21
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Part 4 Accredited and registered
courses
Division 4.1 Accreditation of courses
21 Board may initiate accreditation of course
(1) The board may, on its own initiative, accredit a course.
(2) In deciding whether to initiate accreditation of a course, the board
must consider the accreditation guidelines.
(3) An accreditation under subsection (1) may be conditional.
22 Application for accreditation of course
(1) A recognised educational institution may apply to the board for the
accreditation of a course to be taught at the institution.
(2) The board must either—
(a) accredit the course; or
(b) refuse to accredit the course.
(3) An accreditation is in force for the period that the board decides.
(4) An accreditation may be conditional.
(5) The board must tell the applicant, in writing, of its decision.
23 Review of conditional accreditation or refusal
(1) This section applies if the board, under section 22—
(a) accredits a course conditionally; or
(b) refuses to accredit a course.
(2) The applicant for accreditation may, within 1 month after the day the
board tells the applicant about the board’s decision under section 22,
ask the board, in writing, to review the decision.
Accredited and registered courses Part 4
Accreditation of courses Division 4.1
Section 24
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(3) Within 1 month after the day the board receives the request, the chair
of the board must set up a committee to advise the board about the
request.
(4) As soon as practicable after the board receives advice from the
committee, the board must review its decision and either—
(a) confirm the original decision; or
(b) replace the original decision with a decision that the board may
make under section 22.
(5) The board must tell the applicant, in writing, of the board’s decision.
24 Considerations relating to accreditation of courses
In making a decision under this division, the board must consider the
following:
(a) the coherence of the course;
(b) the appropriateness of the course;
(c) the clarity of the course;
(d) how it is intended to teach the course;
(e) the relevant guidelines of the board;
(f) the policies of the board.
Part 4 Accredited and registered courses
Division 4.2 Registration of courses
Section 25
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Division 4.2 Registration of courses
25 Application for registration of course
(1) A recognised educational institution may apply to the board for the
registration of a course to be taught at the institution.
(2) The board must—
(a) if the application is accompanied by documents and information
that satisfies the board that the course complies with the relevant
guidelines of the board—register the course; or
(b) in any other case—refuse to register the course.
(3) A registration is in force for the period that the board decides.
(4) A registration may be conditional.
(5) The board must tell the applicant, in writing, of its decision.
Division 4.3 Certificates of attainment
26 Issue of certificates of attainment
(1) If a person has satisfactorily completed an accredited course or
registered course, or a unit of an accredited course or registered
course, at a recognised educational institution, the board must give
the person a certificate showing the person’s attainment (a certificate
of attainment).
(2) However, the board may give a certificate of attainment only if the
board is satisfied that—
(a) the course has been taught in accordance with—
(i) the relevant accreditation guidelines; and
(ii) if the accreditation is conditional—the conditions of the
accreditation; and
Accredited and registered courses Part 4
Certificates of attainment Division 4.3
Section 26A
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(iii) any guidelines and requirements of the board about the
teaching of the course; and
(b) the person has been assessed in accordance with any guidelines
and requirements of the board about the assessment of student
attainments (see section 5B (a)).
(3) In making a decision under subsection (2), the board may rely on
information in a certificate from a recognised educational institution.
(4) A certificate of attainment may state any information that is available
from the records of the board and appears to the board to be connected
with the person’s studies.
26A Application for review if board refuses to issue certificate
(1) This section applies to a certificate of any kind ordinarily issued by
the board to a person who has completed the studies to which the
certificate relates, including a certificate of attainment.
(2) A person dissatisfied by a refusal of the board to issue a certificate
may apply, in writing, to the board for a review of the refusal.
(3) The application must—
(a) state the grounds on which the review is sought; and
(b) be given to the board within 1 month after the day the board
states is the day when the certificate would have been issued.
27 Review of refusal to issue certificate
(1) Within 1 month after the day the board receives an application under
section 26A, the chair of the board must set up a committee to advise
the board about the application.
(2) As soon as practicable after the board receives advice from the
committee, the board must review its decision and either—
(a) confirm the refusal; or
Part 4 Accredited and registered courses
Division 4.4 Specialist education providers
Section 27A
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(b) issue the certificate.
(3) The board must tell the applicant, in writing, of its decision.
Division 4.4 Specialist education providers
27A Approved specialist education providers
(1) The board may approve specialist education providers for this Act.
(2) The board must keep an up-to-date list of approved specialist
education providers.
27B Criteria for approval
The board may approve an entity as a specialist education provider
only if satisfied that the following criteria (the approval criteria) are
met:
(a) the provider will have premises and equipment that comply with
any relevant territory laws about health and safety standards;
(b) the nature and content of the education to be offered by the
provider will be satisfactory for the educational levels for which
approval as a provider is sought;
(c) the teaching staff will be efficient and effective;
(d) the facility operated by the provider will be conducted in a
satisfactory way;
(e) the disciplinary policy of the provider will not allow corporal
punishment.
27C Suspension of approval
The board may suspend the approval of a specialist education
provider if the board is no longer satisfied, on reasonable grounds,
that the provider meets the approved criteria under section 27B.
Accredited and registered courses Part 4
Specialist education providers Division 4.4
Section 27D
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27D Cancellation of approval
The board must cancel the approval of a specialist education provider
if, on at least 3 occasions, a ground existed on which the board would
have been entitled to suspend the approval of the provider.
Part 4A Notification and review of decisions
Section 27E
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Part 4A Notification and review of
decisions
27E Meaning of reviewable decision—pt 4A
In this part:
reviewable decision means a decision mentioned in
schedule 1, column 3 under a provision of this Act mentioned in
column 2 in relation to the decision.
27F Reviewable decision notices
If the board makes a reviewable decision, the board must give a
reviewable decision notice to each entity mentioned in schedule 1,
column 4 in relation to the decision.
Note The board must also take reasonable steps to give a reviewable decision
notice to any other person whose interests are affected by the decision
(see ACT Civil and Administrative Tribunal Act 2008, s 67A).
27G Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity mentioned in schedule 1, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the decision.
Miscellaneous Part 5
Section 28
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Part 5 Miscellaneous
28 Information about academic performance
(1) A person who has completed the person’s senior secondary education
may apply in writing to the board for a copy of the information held
by the board about the person’s academic performance.
(2) The board must give a copy of the information to the applicant or to
someone else nominated in writing by the applicant.
29 Register of courses
(1) The board must keep a register of courses (the register).
(2) The board must enter in the register details of the following:
(a) courses that the board has accredited;
(b) courses that the board has registered;
(c) anything else decided by the board.
(3) The register must be kept in the form the board decides.
(4) The register must be available for inspection by the public during
ordinary office hours at a place decided by the chair of the board.
30 Approved forms
(1) The board may approve forms for this Act.
(2) If the board approves a form for a particular purpose, the approved
form must be used for that purpose.
(3) An approved form is a notifiable instrument.
Schedule 1 Reviewable decisions
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Schedule 1 Reviewable decisions
(see pt 4A)
column 1
item
column 2
section
column 3
decision
column 4
entity
1 27A refuse to approve
application for
approval as specialist
education provider
applicant
2 27C suspend approval of
specialist education
provider
specialist education
provider
3 27D cancel approval of
specialist education
provider
specialist education
provider
Dictionary
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Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACAT
• appoint
• director-general (see s 163)
• establish
• exercise
• function
• head of service
• month
• public servant
• reviewable decision notice.
accreditation guidelines—see section 5A (a) (Additional functions
about accreditation of courses).
accredited course means a course accredited under section 21 (Board
may initiate accreditation of course) or section 22 (Application for
accreditation of course).
board means the Board of Senior Secondary Studies.
board member means a member of the board, and includes the chair.
certificate of attainment—see section 26 (1).
course means a course of study for senior secondary students.
national agreement—see section 3C.
recognised educational institution—see section 3B.
registered course means a course registered under section 25.
Dictionary
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reviewable decision, for part 4A (Notification and review of
decisions—see section 27E.
senior secondary education—see section 3A.
Endnotes
About the endnotes 1
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
3 Legislation history
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3 Legislation history
Board of Senior Secondary Studies Act 1997 A1997-87
notified 1 December 1997 (Gaz 1997 No S380)
s 1, s 2 commenced 1 December 1997 (s 2 (1))
remainder commenced 1 January 1998 (s 2 (2) and Gaz 1997
No S398)
as amended by
Board of Senior Secondary Studies (Amendment) Act 1998 A1998-44
notified 30 October 1998 (Gaz 1998 No S204)
commenced 30 October 1998 (s 2)
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 38
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 38 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Annual Reports Legislation Amendment Act 2004 A2004-9 sch 1
pt 1.5
notified LR 19 March 2004
s 1, s 2 commenced 19 March 2004 (LA s 75 (1))
sch 1 pt 1.5 commenced 13 April 2004 (s 2 and see Annual Reports
(Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5)
Education Act 2004 A2004-17 sch 2 pt 2.1
notified LR 8 April 2004
s 1, s 2 commenced 8 April 2004 (LA s 75 (1))
sch 2 pt 2.1 commenced 1 January 2005 (s 2)
Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.6
notified LR 12 May 2005
s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))
sch 3 pt 3.6 commenced 2 June 2005 (s 2 (1))
Training and Tertiary Education Legislation Amendment Act 2007
A2007-12 sch 1 pt 1.3
notified LR 13 June 2007
s 1, s 2 commenced 13 June 2007 (LA s 75 (1))
sch 1 pt 1.3 commenced 1 July 2007 (s 2 and CN2007-3)
Endnotes
Legislation history 3
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Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.7
notified LR 12 August 2008
s 1, s 2 commenced 12 August 2008 (LA s 75 (1))
sch 3 pt 3.7 commenced 26 August 2008 (s 2)
ACT Civil and Administrative Tribunal Legislation Amendment
Act 2008 (No 2) A2008-37 sch 1 pt 1.12
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.12 commenced 2 February 2009 (s 2 (1) and see ACT Civil
and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.7
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))
sch 3 pt 3.7 commenced 22 September 2009 (s 2)
Administrative (One ACT Public Service Miscellaneous Amendments)
Act 2011 A2011-22 sch 1 pt 1.17
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.17 commenced 1 July 2011 (s 2 (1))
Annual Reports (Government Agencies) Amendment Act 2015
A2015-16 sch 1 pt 1.3
notified LR 27 May 2015
s 1, s 2 commenced 27 May 2015 (LA s 75 (1))
sch 1 pt 1.3 commenced 3 June 2015 (s 2)
Board of Senior Secondary Studies Amendment Act 2015 A2015-28
notified LR 20 August 2015
s 1, s 2 commenced 20 August 2015 (LA s 75 (1))
remainder commenced 21 August 2015 (s 2)
Public Sector Management Amendment Act 2016 A2016-52 sch 1
pt 1.8
notified LR 25 August 2016
s 1, s 2 commenced 25 August 2016 (LA s 75 (1))
sch 1 pt 1.8 commenced 1 September 2016 (s 2)
Endnotes
3 Legislation history
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Statute Law Amendment Act 2025 A2025-29 sch 4 pt 4.16
notified LR 6 November 2025
s 1, s 2 commenced 6 November 2025 (LA s 75 (1))
sch 4 pt 4.16 commenced 6 December 2025 (s 2 (5))
Endnotes
Amendment history 4
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4 Amendment history
Name of Act
s 1 sub A2005-20 amdt 3.55
Dictionary
s 2 orig s 2 om R1 LRA
(prev s 3) renum A2001-44 amdt 1.372
sub A2005-20 amdt 3.56
def accredited course om A2005-20 amdt 3.56
def alternate om A2005-20 amdt 3.56
def appointed member om A2005-20 amdt 3.56
def board om A2005-20 amdt 3.56
def course om A2005-20 amdt 3.56
def executive officer om A1998-44 s 4
def member om A2005-20 amdt 3.56
def national agreement am A2001-44 amdt 1.371
om A2005-20 amdt 3.56
def recognised educational institution sub A1998-44 s 4
om A2005-20 amdt 3.56
def registered course om A2005-20 amdt 3.56
def senior secondary education om A2005-20 amdt 3.56
Notes
s 3 ins A2001-44 amdt 1.373
sub A2005-20 amdt 3.56
Key concepts
pt 2 hdg orig pt 2 hdg renum as pt 3 hdg
ins A2005-20 amdt 3.57
What is senior secondary education?
s 3A ins A2005-20 amdt 3.57
What is a recognised educational institution?
s 3B ins A2005-20 amdt 3.57
sub A2015-28 s 4
am A2025-29 amdt 4.16
What is a national agreement?
s 3C ins A2005-20 amdt 3.57
am A2025-29 amdt 4.16
Board of Senior Secondary Studies
pt 3 hdg orig pt 3 hdg om A2005-20 amdt 3.72
(prev pt 2 hdg) renum A2005-20 amdt 3.58
Accreditation and registration of courses
div 3.1 hdg (prev pt 3 div 1 hdg) renum R2 LA
om A2005-20 amdt 3.73
Endnotes
4 Amendment history
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Certificates of attainment
div 3.2 hdg (prev pt 3 div 2 hdg) renum R2 LA
om A2005-20 amdt 3.77
Specialist education providers
div 3.3 hdg ins A2004-17 amdt 2.1
om A2005-20 amdt 3.79
Establishment of board
s 4 sub A2005-20 amdt 3.59
Functions of board
s 5 sub A2005-20 amdt 3.60
Additional functions about accreditation of courses
s 5A ins A2005-20 amdt 3.60
Additional functions about assessment of students
s 5B ins A2005-20 amdt 3.60
Additional functions about certificates of attainment
s 5C ins A2005-20 amdt 3.60
Additional functions about performance and policies
s 5D ins A2005-20 amdt 3.60
Other functions of board
s 6 sub A2005-20 amdt 3.61
am A2016-52 amdt 1.37; A2025-29 amdt 4.16
Ministerial directions
s 7 am A2001-44 amdt 1.374, amdt 1.375; A2004-9 amdt 1.5;
A2005-20 amdt 3.62, amdt 3.63; A2015-16 amdt 1.3;
ss renum R11 LA; A2025-29 amdt 4.16
Membership of board
s 8 am A1998-44 s 5; A2005-20 amdt 3.64, amdt 3.65; A2007-12
amdt 1.6; A2009-20 amdt 3.18; A2011-22 amdt 1.64;
A2015-28 s 5, s 6; pars renum R12 LA
Functions of board not affected by vacancies
s 9 om A2005-20 amdt 3.66
Term of appointment of board members
s 10 sub A2005-20 amdt 3.67
Disclosure of interests by board members
s 11 sub A2005-20 amdt 3.68
am A2025-29 amdt 4.16
Ending board member appointments
s 12 sub A2005-20 amdt 3.68
am A2011-22 amdt 1.64
Endnotes
Amendment history 4
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Representative of chief executive
s 12A ins A1998-44 s 6
om A2005-20 amdt 3.68
Time and place of board meetings
s 13 am A1998-44 s 7
sub A2005-20 amdt 3.68
Presiding member at board meetings
s 14 sub A2005-20 amdt 3.68
Quorum at board meetings
s 15 sub A2005-20 amdt 3.68
am A2011-22 amdt 1.64
Voting at meetings
s 16 am A1998-44 s 8
sub A2005-20 amdt 3.68
Proxy voting
s 16A ins A2015-28 s 7
am A2025-29 amdt 4.16
Conduct of meetings etc
s 17 sub A2005-20 amdt 3.68
am A2008-28 amdt 3.36; A2025-29 amdt 4.16
Delegation by board
s 18 om A1998-44 s 9
ins A2005-20 amdt 3.68
am A2016-52 amdt 1.38
Consultants
s 19 am A2005-20 amdt 3.69, amdt 3.70; A2011-22 amdt 1.62,
amdt 1.64
sub A2016-52 amdt 1.39
Arrangements for staff
s 19A ins A2016-52 amdt 1.39
Protection of board members from liability
s 20 sub A2005-20 amdt 3.71
Accredited and registered courses
pt 4 hdg orig pt 4 hdg renum as pt 5 hdg
ins A2005-20 amdt 3.72
Accreditation of courses
div 4.1 hdg ins A2005-20 amdt 3.73
Board may initiate accreditation of course
s 21 sub A2005-20 amdt 3.74
Endnotes
4 Amendment history
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Application for accreditation of course
s 22 sub A2005-20 amdt 3.74
Review of conditional accreditation or refusal
s 23 am A1998-44 s 10
sub A2005-20 amdt 3.74
Considerations relating to accreditation of courses
s 24 am A2005-20 amdt 3.75
Registration of courses
div 4.2 hdg ins A2005-20 amdt 3.76
Application for registration of course
s 25 sub A2005-20 amdt 3.76
Certificates of attainment
div 4.3 hdg ins A2005-20 amdt 3.77
Issue of certificates of attainment
s 26 sub A2005-20 amdt 3.78
Application for review if board refuses to issue certificate
s 26A ins A2005-20 amdt 3.78
Review of refusal to issue certificate
s 27 sub A2005-20 amdt 3.78
Specialist education providers
div 4.4 hdg ins A2005-20 amdt 3.79
Approved specialist education providers
s 27A ins A2004-17 amdt 2.1
Criteria for approval
s 27B ins A2004-17 amdt 2.1
Suspension of approval
s 27C ins A2004-17 amdt 2.1
Cancellation of approval
s 27D ins A2004-17 amdt 2.1
Notification and review of decisions
pt 4A hdg ins A2008-37 amdt 1.42
Meaning of reviewable decision—pt 4A
s 27E ins A2004-17 amdt 2.1
sub A2008-37 amdt 1.42
Reviewable decision notices
s 27F ins A2004-17 amdt 2.1
sub A2008-37 amdt 1.42
am A2025-29 amdt 4.16
Endnotes
Amendment history 4
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Applications for review
s 27G ins A2008-37 amdt 1.42
am A2025-29 amdt 4.16
Miscellaneous
pt 5 hdg (prev pt 4 hdg) renum A2005-20 amdt 3.80
Information about academic performance
s 28 sub A2005-20 amdt 3.81
Register of courses
s 29 am A1998-44 s 11; ss renum R2 LA
sub A2005-20 amdt 3.82
Approved forms
s 30 ins A2001-44 amdt 1.377
am A2005-20 amdt 3.83; A2025-29 amdt 4.16
Transitional
s 31 (prev s 30) renum A2001-44 amdt 1.376
om A2005-20 amdt 3.84
Reviewable decisions
sch 1 ins A2008-37 amdt 1.43
Dictionary
dict ins A2005-20 amdt 3.85
am A2008-37 amdt 1.44; A2011-22 amdt 1.63; A2016-52
amdt 1.40
def accreditation guidelines ins A2005-20 amdt 3.85
def accredited course ins A2005-20 amdt 3.85
def board ins A2005-20 amdt 3.85
def board member ins A2005-20 amdt 3.85
def certificate of attainment ins A2005-20 amdt 3.85
def course ins A2005-20 amdt 3.85
def national agreement ins A2005-20 amdt 3.85
def recognised educational institution ins A2005-20
amdt 3.85
def registered course ins A2005-20 amdt 3.85
def reviewable decision ins A2008-37 amdt 1.45
def senior secondary education ins A2005-20 amdt 3.85
Endnotes
5 Earlier republications
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5 Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to
the publication order.
Since 12 September 2001 every authorised republication has been published in
electronic pdf format on the ACT legislation register. A selection of authorised
republications have also been published in printed format. These republications are
marked with an asterisk (*) in column 1. Electronic and printed versions of an
authorised republication are identical.
Republication
No and date
Effective Last
amendment
made by
Republication
for
R1 (RI)
8 Jan 2014
3 Nov 2000–
11 Sept 2001
A1998-44 amendments by
A1998-44
R2
16 Apr 2002
12 Sept 2001–
12 Apr 2004
A2001-44 amendments by
A2001-44
R3
13 Apr 2004
13 Apr 2004–
31 Dec 2004
A2004-9 amendments by
A2004-9
R4
1 Jan 2005
1 Jan 2005–
1 June 2005
A2004-17 amendments by
A2004-17
R5
2 June 2005
2 June 2005–
30 June 2007
A2005-20 amendments by
A2005-20
R6
1 July 2007
1 July 2007–
25 Aug 2008
A2007-12 amendments by
A2007-12
R7
26 Aug 2008
26 Aug 2008–
1 Feb 2009
A2008-28 amendments by
A2008-28
R8
2 Feb 2009
2 Feb 2009–
21 Sept 2009
A2008-37 amendments by
A2008-37
R9
22 Sept 2009
22 Sept 2009–
30 June 2011
A2009-20 amendments by
A2009-20
R10
1 July 2011
1 July 2011–
2 June 2015
A2011-22 amendments by
A2011-22
R11
3 June 2015
3 June 2015–
20 Aug 2015
A2015-16 amendments by
A2015-16
R12
21 Aug 2015
21 Aug 2015–
31 Aug 2016
A2015-28 amendments by
A2015-28